50 | Annual Report 2019
journalist by informing him that it was in possession of
the report/a draft of the report from the working group
in order to establish whether that was the material to
which the journalist wanted access. In this connection,
the Ombudsman referred to the obligation under
section 7 of the Public Administration Act to provide
guidance. He added that according to the White Paper
on the Access to Public Administration Files Act,
there may be particular reason to provide guidance,
especially when requests for access to public records
have been made by media.
Overall, the Ombudsman found the Ministry’s processing of the journalist’s request regrettable.
2019-23. Police assessment of need to use force
during deportation not documented
A woman of foreign nationality was to be deported by
the police together with several other foreign nationals.
The police assessment prior to the deportation was
that both she and the other deportees would seek
confrontation during the deportation.
The woman’s hands were strapped in a transport belt
for three periods during the deportation. The first period was from when she was collected at an immigration detention centre until approximately two hours
later, when she had boarded the plane.
The second period was from shortly before a stopover
at Rotterdam until shortly after disembarkation at Rotterdam, and the third from shortly before boarding of
another plane at Rotterdam until shortly after take-off.
The police described the deportee’s conduct during
the deportation as ‘exemplary’.
The Ombudsman had no grounds for repudiating the
assessment of the police of the need for the deportee’s hands to be strapped when she was collected at
the immigration detention centre and to remain
strapped for the first approximately two hours of the
deportation.
However, the Ombudsman found that there was not
adequate documentation that the police had made
a specific, individual assessment prior to the next
two times the deportee’s hands were strapped which
substantiated that the restraint was necessary and
proportionate.
2019-30. Access to correspondence of Ministry
of Justice with Commission of Inquiry on
Customs and Tax Administration concerning
establishment of IT infrastructure
In a decision on a request from a journalist for access
to the correspondence of the Ministry of Justice with
the Commission of Inquiry on the Customs and Tax
Administration about the establishment of IT infrastructure for the Commission, the Ministry stated that
the correspondence had been exchanged in connection with the Ministry carrying out secretariat work for
the Commission. In the Ministry’s opinion, the documents were therefore subject to section 27 paragraph
(3) of the Access to Public Administration Files Act
and in principle exempt from access.
The Ministry stated that under section 1(5) of the Act
on Commissions of Inquiry, the Minister of Justice is to
see that commissions of inquiry are provided with the
necessary secretariat assistance and other practical
assistance.
The Ombudsman found that there was not a sufficient
basis for the understanding of section 1(5) of the Act
on Commissions of Inquiry on which the Ministry had
based its refusal. Further, the Ombudsman found that
the assistance provided by the Ministry could not
be considered secretariat assistance provided on
a non-statutory basis. In the Ombudsman’s opinion
the Ministry therefore could not refuse the journalist’s request for access with reference to section 27
paragraph (3) of the Access to Public Administration
Files Act.
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